eligibility criteria for corporate debt restructuring
TRANSCRIPT
Eligibility Criteriafor
Corporate Debt Restructuring
Eligibility Criteria
• The scheme will not apply to accounts involving only one financial institution or one bank. The CDR mechanism will cover only multiple banking accounts / syndication / consortium accounts with outstanding exposure of ` 10 crore and above by banks and institutions.
• The accounts may be eligible for consideration under the CDR mechanism provided; the initiative to resolve the case under the CDR mechanism is taken by at least 75% of the lenders by value and 60% by number of creditors.
• BIFR cases are not eligible for restructuring under the CDR mechanism.
Need for CDRLegal Basis
The Debtor-Creditor Agreement and the Inter-Creditor Agreement provides the legal basis to the CDR mechanism. The debtors have to accede to the DCA, either at the time of original loan documentation (for future cases) or at the time of reference to Corporate 14 Debt Restructuring Cell.
CDR, a non-statutory mechanism, is avoluntary system based on Debtor-CreditorAgreement (DCA) and Inter-CreditorAgreement (ICA).
Lenders and other third parties who have not joined the CDR mechanism, could join CDR mechanism of a particular corporate by signing transaction to transaction ICA, wherever they have exposure to such corporate, if permittedby RBI.
Category I
Category II
Eligibility of Category I & II under CDRMechanism
Category I
In that situation, if the account has been classified as ‘standard’/ ‘substandard’ in the books of at least 90% of lenders (by value), the same would be treated as standard/ substandard, only for the purpose of judging the account as eligible for CDR, in the
books of the remaining 10% of lenders.
The Category I CDR mechanism is applicable to accounts, which are classified as 'standard' and 'substandard'. There may be a situation where a small portion of debt by a bank might be classified as Doubtful.
Category II
There have been instances where the projects have been found to be viable by the lenders but the accounts could not be taken up for restructuring under the CDR mechanism as they fell under ‘doubtful’ category.
Hence, second category of CDR would be there for cases where the accounts have been classified as ‘doubtful’ in the books of the lenders, and 15if a minimum of 75% of creditors (by value) and 60% creditors (by number) satisfy themselves of the viability of the account and consent for such restructuring,
Subject to Conditions
• It will not be binding on the creditors to take up additional financing worked out under the debt restructuring package and the decision to lend or not to lend will depend on each bank/FI separately.
• In other words, under the second category of the CDR mechanism, the existing loans will only be restructured and it would be up to the promoter to firm up additional financing arrangement with new or existing creditors individually.
•All other norms under the CDR mechanism such as the standstill clause, asset classification status during the pendency of restructuring under CDR, etc., will continue to be applicable to this category also.
•.
BIFR Cases
In terms of RBI guidelines on CDR Mechanism, corporates with aggregate outstanding exposure of `10 crore and above are eligible for restructuring under CDR Mechanism. The guidelines also allow restructuring of large-value BIFR cases for restructuring under the CDR mechanism if specially recommended by the CDR Core Group.
One of the eligibility criteria for taking up BIFR cases for restructuring under CDR Mechanism is minimum cut-off limit of `15 crore of aggregate outstanding exposure of Banks/Fls.
The exposure would exclude equity and preference shares subscribed to by FIs/Banks. Details of eligibility criteria, 16 financial parameters, etc. to be complied with in respect of BIFR cases are given in Annexure I.
Case of Willful Defaulters
While corporates indulging in frauds and malfeasance even in a single bank will continue to remain ineligible for restructuring under CDR mechanism as hitherto,the Core Group may review the reasons for classification of the borrower as wilful defaulter specially in old cases where the manner of classification of a borrower as a wilful defaulter was not transparent
and satisfy itself that the borrower is in a position to rectify the wilful default provided he is granted an opportunity under the CDR mechanism. Such exceptional cases may be admitted for restructuring with the approval of the Core Group only.
The Core Group may ensure that cases involving frauds or diversion of funds with malafide intent are not covered. In view of the above, details of eligibility criteria to be followed in respect of cases of wilful defaulters etc. are given in Annexure II.
